Ask an AI Accountant

It depends on your specific tax situation. Form 8833, "Treaty-Based Return Position Disclosure Under Section 6114 or 7701(b)," is used by taxpayers to disclose positions taken on their tax returns that are contrary to or in accordance with U.S. tax laws due to the application of an income tax treaty. This form is typically filed by individuals and businesses claiming treaty benefits that: 1. Reduce or modify the taxation of income as determined by the Internal Revenue Code, or 2. Prevent the application of any otherwise applicable Internal Revenue Code provision. If you are relying on a tax treaty to override or modify any provision of the U.S. tax law or to disclose a treaty-based position, you may need to file Form 8833 with your tax return. However, some situations do not require filing Form 8833, such as certain exemptions for foreign students and reduced rates of withholding tax on certain types of income. It's important to carefully analyze your tax situation, the relevant tax treaty provisions, and the instructions for Form 8833 to determine if you need to include the form with your tax return. If you are unsure, consult a tax professional with expertise in international taxation to help you determine whether Form 8833 is required in your case.